ANAND SINGH RAWAT Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This appeal, preferred under Section 374 of Code of Criminal Procedure (for short Cr.P.C.), is directed against the judgment and order dated 17.08.2000/22.08.2000, passed by Special Judge, Anti Corruption (East), Dehradun, in CBI case no. 11 of 1987, whereby said court has convicted the accused/appellant Anand Singh Rawat, under Section 120B, 420 read with Section 109, and 468 I.P.C., and one punishable under Section 5 (1) (d) read with Section 5 (2) Prevention of Corruption Act, 1947, and sentenced him to a period of imprisonment already under gone and further directed to pay fine of Rs. 5,000/-, in default of payment of which, it was directed that the convict shall further under go rigorous imprisonment for a period of one year. Heard learned counsel for the parties and perused the lower court record.

(2.) Prosecution story, in brief, is that accused/appellant Anand Singh Rawat was posted in the year 1984-85, as a Village Development Officer, in the block office of Rikhnikhal, in the district of Pauri Garhwal. In the same year one N.K. Jain, (co-accused) was posted as Branch Manager of Punjab National Bank, Branch Rikhnikhal. A scheme was floated in that year by the Government for providing loans with 50% subsidy to the persons living below the poverty line, for providing them equipments for their occupation. This scheme was known as Integrated Rural Development Programme (for short IRDP). The sanctioning authority was District Rural Development Authority (for short D.R.D.A.). The prosecution case is that accused/appellant Anand Singh Rawat, conspired with co-' accused N.K. Jain, in getting the loan sanctioned to the persons, who were not even eligible. PW-3 Anand Prakash, PW-4 Moti Ram and PW-14 Dalli Ram were the persons who got such loans on recommendation of the present accused/appellant. (Other co-accused Vinod Chand Dhyani and one Chandan Singh Negi also committed similar acts). Documents and the certificates were forged and the loan was shown disbursed. But actually PW-3 Anand Prakash, who was sanctioned to get loan of Rs. 5,400/- was given only Rs. 1500/-,PW-4 Moti Ram, who was sanctioned the loan of Rs. 5000/- was given one Rs. 600/- and PW-14 Dalli Ram, who was sanctioned the loan of Rs. 5000/- was given only Rs. 800/- by the bank. The agreement was investigated by Central Bureau of Investigation (for short C.B.I.), after registering the First Information Report No. RC-36/86-DAD on 28.11.1986. After investigation charge sheet was filed against the accused persons including the present appellant along with necessary sanction (Ex. A 198).

(3.) After giving necessary copies, as required under Section 207 Cr.P.C. on 12.05.1988, the trial court framed charge of offences punishable under Section 120B, 420 read with 109, and 468 I.P.C. and, one punishable under Section 5 (1) (d) read with Section 5(2) of Prevention of Corruption Act, 1947, to which the accused/appellant pleaded not guilty and claimed to be tried. On this prosecution got examined PW-1 Dev Singh, PW-2 Ghananand, PW-3 Anand Prakash, PW-4 Moti Ram, PW-5 Bacchi Ram, PW-6 Ramu Das, PW-7 Bache Singh, PW-8 Ajit Singh, PW-9 Om Prakash, PW-10 Bheem Singh, PW-11 S.S. Rawat, PW-12 Shyam Lal, PW-13 Mehtab PW-14 Dalli Ram, PW-15 Baijnath, PW-16 S.N. Mehrotra, PW-17 Om Prakash Sharma, PW-18 Raman Tyagi, PW-19 M.M. Bahal, PW-20 Har Bansh Singh Tuteja(handwriting expert) and PW-21 Govind Singh Rawat.